Virginia Administrative Code
Title 6 - CRIMINAL JUSTICE AND CORRECTIONS
Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES
Chapter 65 - RULES RELATING TO PROFESSIONAL STANDARDS OF CONDUCT AND PROCEDURES FOR DECERTIFICATION
Section 6VAC20-65-30 - Designation of serious misconduct warranting officer decertification
Universal Citation: 6 VA Admin Code 20-65-30
Current through Register Vol. 41, No. 3, September 23, 2024
A. Pursuant to § 15.2-1707B of the Code of Virginia, the following types of misconduct by certified law-enforcement officers or certified jail officers are sufficiently serious as to warrant decertification when an officer of any rank is terminated or resigns from the officer's employing agency as a result of such misconduct, and the employer reports that information to the board.
1. Knowingly, intentionally, or without a
legitimate law-enforcement purpose, making misleading, deceptive, untrue, or
fraudulent representations in the practice of being or becoming a
law-enforcement officer or a jail officer, including:
a. Willfully falsifying or omitting any
material information to obtain or maintain certification;
b. Obtaining a false confession or
statement;
c. Filing a written
police report containing a material false statement;
d. Making a false arrest;
e. Creating or using falsified
evidence;
f. Failing to report
known exculpatory and impeachment information in a criminal case to a superior
officer, in accordance with agency reporting requirements;
g. Tampering with, hiding, destroying, or
attempting to tamper with, hide, or destroy evidence or potential evidence with
the purpose of creating a false impression; and
h. Committing perjury.
2. Knowingly and intentionally abusing the
power inherent to the law-enforcement and jail officer professions, including:
a. Intentionally and willfully exploiting an
individual's disability or other impairment for the purposes of securing either
a law-enforcement officer or jail officer outcome or personal
benefit;
b. Tampering with a
witness, victim, or informant;
c.
Engaging in retaliation against any individual making a good-faith report of
misconduct;
d. Engaging in a sexual
relationship with an individual in the custody or care of the law-enforcement
officer or jail officer or with an individual the officer knows or should have
known is a victim, witness, defendant, or informant in an investigation or
matter with which the officer is involved;
e. Intentionally, willfully, and without
authorization disclosing confidential information or information that may
compromise an official investigation;
f. Intentionally and without authorization
using the employing agency's property, equipment, funds, or data for personal
gain; and
g. Soliciting or
otherwise knowingly participating in acts of bribery or extortion associated
with the officer's official duties as defined in §
2.2-3103 of the Code of Virginia
and in Articles 2 (§
18.2-438 et seq.) and 3 (§
18.2-446 et seq.) of Chapter 10
of Title 18.2 of the Code of Virginia.
3. Knowingly and intentionally engaging in
discriminatory policing or on-duty conduct toward incarcerated individuals,
defined as an identified and uncorrected pattern of, or single egregious
instance of, on-duty conduct demonstrating bias on the basis of such
characteristics as race or ethnicity, color, religion, national origin, sex,
pregnancy, childbirth or related conditions, age, marital status, sexual
orientation, gender identity, military status, disability, or other protected
status.
4. Knowingly and
intentionally engaging in, failing to intervene when present and witnessing, or
failing to report the use of excessive force in accordance with §
19.2-83.6 of the Code of
Virginia, unless such information was obtained in the course of participating
in a critical incident stress management or peer support team pursuant to
§
32.1-11.3 of the Code of
Virginia or disclosure would be in violation of §19.2-274.1 of the Code of
Virginia.
5. Knowingly and
intentionally interfering with or obstructing compliance with the provisions of
§
15.2-1707 of the Code of
Virginia, including:
a. Failing to report,
investigate, and act on as appropriate known serious misconduct by another
officer; and
b. Failing to
cooperate with an investigation into potential law-enforcement officer or jail
officer misconduct.
6.
Engaging in a pattern of acts or a single egregious act showing an intentional
or reckless disregard for the rights, safety, or well-being of others,
including repeated use of prohibited practices for law-enforcement officers
during an arrest or detention or violations of individual rights as guaranteed
by the Constitution of the United States, the laws of the United States, and
the laws and Constitution of the Commonwealth of Virginia.
7. Engaging in any conduct unbecoming that
demonstrates an inability or unwillingness to uphold an officer's sworn
oath.
Statutory Authority: § 9.1-102 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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